Lower Burrell considers ordinance on fireworks

Lower Burrell is looking to establish rules for fireworks in time for future holiday festivities.

“The city wanted to enact a fireworks ordinance to make it clear to residents what they can and cannot do,” Mayor Chris Fabry said. “Since the state legalized so much a few years back, there has been a lot of confusion on specifics.

“This ordinance spells out, clearly, what the rules and guidelines are. The city will put together a summary of it to share as well.”

The draft defines guidelines for “consumer fireworks,” or fireworks used by the public, and “display fireworks,” which are larger fireworks used by professional pyrotechnicians.

Consumer fireworks can’t be used without permission of the property owner or be directed at another vehicle, person or building, the draft says. The operators also can’t be under the influence of alcohol or drugs, and the fireworks must be at least 150 feet from building or vehicle.

According to the draft, consumer fireworks can’t be used between 10 p.m. and 10 a.m. except on July 2, 3 and 4, and Dec. 31, when they can be used until 1 a.m. the following day. They also can be used on Memorial Day and Labor Day and the weekends immediately before those holidays. When July 4 falls on a Tuesday, Wednesday or Thursday, fireworks can be used until 1 a.m. on the immediately preceding and following Saturday and Sunday.

Violators are subject to fines.

Manager Greg Primm said the regulations will allow Lower Burrell to regulate fireworks “up to a certain point.” The state’s fireworks law, passed in 2022, governs the sale, purchase and use of consumer and display fireworks but also gives municipalities the ability to restrict certain uses of consumer fireworks if they feel necessary.

Lower Burrell only can regulate fireworks to what the state permits, Primm said. That includes types of fireworks, boundary restrictions and certain permitted times that the state dictates are allowed.

“We haven’t exercised our ability to do that. Simply, we have deferred to the state law,” Fabry said. “There had been no local regulations on the books before, and we felt we had a duty to regulate what the law allows in the best interest of our citizens.”

Final approval of the ordinance is anticipated in August.